Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Cláudio Antônio Klaus Júnior 

Today
Today

Franchisor's Associates

  • March 13, 2019
  • Jonathan Mesiano-Crookston (Goldman Hine LLP), Debi Sutin (Gowling WLG) and Maryam Shahidi (Goldman Hine LLP)

The concept of the “franchisor’s associate” is one of the vaguest concepts under Ontario franchise legislation and one of the most perilous for individuals offering franchises.

Franchise Law, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (March 4 – 8, 2019)

  • March 13, 2019
  • John Polyzogopoulos

There were five substantive civil decisions released by the Court of Appeal for Ontario this week. In two of them, the Court continued to provide guidance on the “valid defence” analysis to be undertaken pursuant to the Anti-SLAPP provisions of section 137.1 of the Courts of Justice Act.

Civil Litigation, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (February 25 – March 1, 2019)

  • March 11, 2019
  • John Polyzogopoulos

Topics covered this week included the application of s.137.1 of the Court of Justice Act, the interaction between pre-incorporation contract provisions of the Ontario Business Corporations Act and the common law rules governing deposits in real estate transactions, the enforceability of restrictive covenants where the underlying contract has been frustrated, and secured creditors’ rights of entry to repossess equipment.

Civil Litigation, Student Forum

Lapierre v. The Queen – A Call to Review the Taxation of International Civil Consultants

  • March 11, 2019
  • Alexandra Neacsu Monkhouse

In Lapierre v The Queen, the Tax Court of Canada considered the Canadian federal income tax treatment of an international civilian consultant's income from employment, concluding that the taxpayer was not eligible for particular deductions available to certain Canadian Armed Forces personnel who perform similar duties.

Student Forum, Taxation Law

R v Jarvis: A Momentous Decision For Children’s Rights

  • March 11, 2019
  • Brock Jones, Assistant Crown Attorney, Adjunct Professor of Law, University of Toronto

According to Brock Jones, the Supreme Court of Canada’s decision in R v Jarvis, 2019 SCC 10, is an extraordinary decision for children’s rights with far-reaching implications.

Education Law, Student Forum